1 December 2015
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Code of Conduct Policy Contents 1 Introduction... 1 1.1 What is the code about?...1 1.2 Who does the code apply to?...1 1.3 Responsibilities...1 1.4 Monitoring...1 1.5 Publicising/distribution of the code...2 1.6 Reviewing the code...2 2 Principles... 2 2.1 When working on behalf of the school you must:...2 2.2 Breach of the code...3 3 Declaration forms... 3 4 Procedure... 4 4.1 Personal conduct...4 4.2 Protecting confidential information...5 4.3 Internet and social networking...6 4.4 Working with the public, children, parents, colleagues and governors...6 4.5 Appropriate relationships with pupils and parents...7 4.6 Safeguarding of Pupils...8 4.7 Criminal convictions/loss of licence or qualification...9 4.8 Gifts and hospitality...9 4.9 Handling school money or sponsorship/donations... 10 4.10 Procurement, administering or managing school contracts... 11 4.11 Intellectual property... 12 4.12 Recruitment and other employment matters... 12 4.13 Commitments outside work... 13 4.14 Personal interests... 13 4.15 Using school equipment, materials and property... 14 4.16 Reporting improper or illegal activities... 14 5 Further information... 15 5.1 Confidentiality... 15
Code of Conduct Policy 5.2 Dealing with abuses of the code... 15 5.3 Monitoring compliance... 15 5.4 Contact details... 15
1 Introduction 1.1 What is the code about? The School, and Durham County Council, as residual employer, expects high standards of conduct from its employees. This document sets out the minimum standards we expect of you and provides a framework to help you understand the protocols which apply to you and gives guidance to help you comply with them. All employees of the school must maintain the standards and integrity of this Code and carry out their duties honestly and fairly. Any policies mentioned within this code are published on the Extranet and/or are available within the school from the Head Teacher/Business Manager, however it is the responsibility of individual school s Governing Bodies to adopt these for use within their school. 1.2 Who does the code apply to? This Code covers all employees of the school. Where schools are using this Code, suitable advice should be sought from the Schools HR Advice & Support Team where appropriate. The Code is recommended as good practice to all other groups associated with the school who have the discretion in their employment to adopt our policies; including such groups as voluntary sector organisations e.g. community groups. Where applicable this Code will also apply to agency workers, contractors, consultants or third parties providing work or services for, or on behalf of, the school. e.g. private nurseries, after school clubs, out of hours organisations. Throughout the Code of Conduct Policy Head Teacher may be substituted by the Chair of Governors or nominated Governor, should any issues relate directly to the Head Teacher themselves. 1.3 Responsibilities All employees of the school have a responsibility to ensure they comply with this Code along with any other approved policies or procedures in use within the school. Employees are expected to give the highest possible standard of service to the public, and where it is part of their duties, to provide appropriate advice to councillors and fellow employees with impartiality. 1.4 Monitoring All information will be handled sensitively and used only for its proper purpose. However confidentiality cannot be guaranteed as information might have to be disclosed where an issue results in formal proceedings. Under the Data Protection Act 1998 individuals have the right to see their own personal data held subject to the rights of confidentiality of any third parties involved in that information. 1
1.5 Publicising/distribution of the code A copy of this Code is available from the Head Teacher and/or Business Manager/office staff within the school and will be made available to employees on request. A copy can also be viewed via the extranet. New employees will be informed of the existence of this Code in recruitment and induction information. 1.6 Reviewing the code The operation of this Code will be kept under review and such changes will be made to the Code as deemed appropriate and in accordance with agreed consultation protocols. 2 Principles This Code meets the recommendations of the Nolan Committee s Standards in Public Life, establishing the Seven Principles of Public Life, which are: Selflessness - You must act solely in terms of the public interest and not in order to gain financial or other material benefits for yourself, family, or friends. Integrity - You should not place yourself under any financial or other obligation to outside individuals or organisations that might seek to influence you in the performance of your official duties. Objectivity - You must make choices on merit when making decisions on appointments, contracts, or recommending rewards and benefits for individuals. Accountability - You are accountable for your decisions and actions to the public and you must submit yourself to whatever scrutiny is appropriate. Openness - You should be as open as possible about all the decisions and actions that you take. You should give reasons for your decisions and restrict information only when the wider public interest clearly demands. Honesty - You have a duty to declare any private interests relating to your work and you need to take steps to resolve any conflicts arising in a way that protects the public interest. Leadership - You should promote and support these principles by leadership and example. 2.1 When working on behalf of the school you must: act in the interests of the school when carrying out your duties, and in accordance with the principles of public life of selflessness, integrity, objectivity, accountability, openness, honesty and leadership; comply with the school service requirements, policies and standards, procedures, legislation and other professional standards which apply to your role; 2
declare to your Head Teacher any potential or actual conflicts of interest or relationships that may impact on your work, or that of the school; report any concerns or breaches of this Code, or any other school policies, to your Head Teacher; ask your Head Teacher if you are unsure what is required of you. In addition, teachers must also adhere to: The terms and conditions outlined in the school teachers pay and conditions document (STPCD). The Teachers Standards which are set out by the Department for Education (DfE). These cover both teaching standards and personal and professional conduct. Teacher s performance will be regularly reviewed against these professional standards. 2.2 Breach of the code Breaches of any element of this Code (inside or outside of work) are a serious matter and could result in disciplinary action, up to and including dismissal. Breaches of this Code will be investigated and serious breaches may be considered gross misconduct which could result in dismissal without notice. You must participate in any investigations, including those carried out by the school, or nominated representatives, who is responsible for ensuring lawfulness and fairness of decision making including reporting any actual or potential breaches of the law or maladministration 3 Declaration forms Declaration forms (SCCE1 SCCE4) are to be completed when required as detailed in this Code. All declaration forms will be held by the school for the purpose of logging onto a central register. A copy of the completed declaration form will also be placed on an employee s personal file within the school. All forms will be acknowledged and recorded whether approved or declined. The following declaration forms can be downloaded from the extranet from the Staff / HR Advice section and accessing the Code of Conduct. These forms must be completed in full. Form SCCE1 Form SCCE2 Form SCCE3 Form SCCE4 Declaration of Relationships with External Contractor or Supplier Declaration of Personal Interests Request for Approval to Undertake Outside Work Declaration of Offers of Hospitality/Gifts 3
4 Procedure 4.1 Personal conduct As an employee and representative of the school, you are expected to conduct yourself to the highest standards and act with honesty, integrity and professionalism. carry out the full requirements of your role, as detailed in your contract of employment (statement of particulars), job description and school policies and procedures; attend work in accordance with the terms of your contract of employment (statement of particulars) and comply with the school s Sickness Absence/Attendance Management Policy and other absence procedures; act in an appropriate manner in any situation where you can be readily identified as a school employee, whether at work or otherwise; maintain acceptable standards of appearance and personal hygiene; wear, and maintain in a reasonable condition, corporate uniform, clothing and personal protective equipment, if provided to you; report any shortfalls in the provision of school services to your Head Teacher; report any concerns / allegations / suspicions of fraud, corruption, bribery, theft or other irregularity, as a matter of urgency, to your Head Teacher; keep relationships with governors, employees, contractors or partners or potential contractors, on a professional basis. engage in any conduct or behaviour that is harmful to the reputation of the school or council, its services or interests, or conduct which brings the school or council into disrepute, even when outside of work; be under the influence of alcohol or unprescribed drugs so as to adversely affect your work; misuse your official position or seek to use information obtained in the course of your work, for personal interests or the interests of others; criticise the school or the council either through media, social media, verbal or written communication. Counter Fraud and Corruption Strategy Confidential Reporting Code Disciplinary Policy Drugs, Substance and Alcohol Misuse Policy Family Leave and Flexible Working Policy Sickness Absence/Attendance Management Policy 4
4.2 Protecting confidential information Maintaining confidentiality of sensitive information is essential. Information must only be disclosed in accordance with the Data Protection Act 1998 which covers manual and computerised information, including emails. be familiar with and adhere to the school policies relating to the use of the internet and IT applications; comply with the school s IT security procedures; comply with the school s procedures relating to the secure handling and transit of paper records and obtain Head Teacher approval prior to taking any paper records/hard copy material off site which contain personal or confidential information; report any suspected data losses or security breaches immediately to your Head Teacher label and store information documents to allow access to authorised users and restrict unauthorised users; refer any media or press enquiries to the Head Teacher immediately, and follow their instructions; check with your Head Teacher if you are in doubt about whether you can provide information to a third party. disclose information on pupil s without their parent s consent or, where the child is of reasonable understanding, the child, unless for specified exceptions relating to safeguarding or where legally obliged; disclose information relating to staff and/or parents, unless for specified exceptions relating to safeguarding or where legally obliged: disclose your computer password/login details to anyone; use information or facilities provided, for unauthorised personal use, improper or commercial gain, or for fraudulent or malicious activities; compromise the security of school information, for example by installing unauthorised software, inappropriately securing information or interfering with standard security settings; disclose any confidential information relating to the school, colleagues, pupils, parents or anyone else who has contact with the school, either whilst at work or outside of work, unless you have express permission to do so; release any information relating to an employee s or pupil s private affairs unless their consent has first been obtained, unless there is a statutory duty on the school to provide this information. Staff Acceptable Use Policy School E-Safety Policy Corporate Records Management guidance School Security Policy (H&S) 5
4.3 Internet and social networking Internet access for personal use is at the school s discretion and must not affect an employee s performance or productivity at work. The school may monitor the use of the internet for legitimate business reasons, including compliance with this Code. By using the internet employees are deemed to have consented to the monitoring, recording and auditing of internet use. be familiar with and adhere to the school policies relating to the use of the internet and IT applications; adhere to the school s IT policies and procedures when using social networking sites for personal use; make it clear when posting information or comments on social networking sites that any personal views expressed do not represent those of the school or Durham County Council; inform your Head Teacher immediately if you believe you have acted inappropriately when using social media, even if the mistake has since been resolved; report to your Head Teacher any instances where you believe another employee has posted inappropriate or offensive comments on social networking sites. Only communicate electronically with pupils, parents/carers and other professionals via work approved communication channels e.g. via a school provided email address or telephone number post information on social networking sites which is confidential to the school, its pupils or parents; post entries on social networking sites about the school, colleagues, pupils or parents or any other person linked to the school which are derogatory, defamatory, discriminatory or offensive in any way or which could bring the school into disrepute. communicate with pupils or ex-pupils under the age of 18 using social media without the express permission of the Headteacher. Staff Acceptable Use Policy School E-Safety Policy 4.4 Working with the public, children, parents, colleagues and governors be polite, courteous and helpful when dealing with all members of the local community, children, parents, governors, colleagues and other professionals involved in pupil wellbeing; 6
treat all groups and individuals with respect, value their opinions and beliefs and behave in an appropriate manner; treat others in a fair and equitable manner in accordance with the school s procedures and the wider requirements of the law; develop productive and supportive relationships with all school colleagues and participate in whole school development and improvement activities; keep all children, parents/carers and employees money, personal records, information and correspondence secure in accordance with the school policies and procedures, and the Data Protection Act; advise your Head Teacher if you have any concerns about the standard of service being provided give appropriate and impartial advice to governors when requested and ensure working relationships are kept on a professional basis; speak to your Head Teacher if you are unsure what information you are able to provide to governors or anyone else requesting information. declare all close personal relationships with governors to your Head Teacher. discriminate unfairly in the provision of facilities, services, employment practices or any other area of school duties; form inappropriate close personal relationships with children or their relatives/carers; give any information, including information relating to pupils, parents/carers or colleagues, to anyone except those authorised to receive it; School Counter Fraud and Corruption Strategy School Equality Statement/ Policy Grievance Policy 4.5 Appropriate relationships with pupils and parents Staff must be mindful of the need to maintain professional boundaries appropriate to their position and must always consider whether their actions are warranted, proportionate, safe and applied equitably. act in an open and transparent way with pupils and parents that will not lead any reasonable person to question your actions or intent; treat pupils with respect and dignity; avoid unnecessary physical contact with children. Where it is essential e.g. for safety reasons, obtain the pupil s permission wherever possible and only use when no other form of control is available and use only the minimum force needed to achieve required outcome; 7
Report any incidents where physical contact was necessary to remove a child from a dangerous situation/object and/or to prevent harm to themselves or others to the Head Teacher and record the incident in accordance with school procedures; interact with parents in a polite and respectful manner and recognise parent s entitlement to express concerns they may have about their child s learning, safety or wellbeing; avoid discussing school matters with parents outside of school if approached and should refer the parent to normal school communication channels; follow school procedures and health & safety requirements when organising and/or accompanying pupils on school trips and activities taking place outside of school premises. give pupils your home address, mobile or home phone number, or non-school related email address without good cause; make arrangements to meet pupils, either individually or in groups, outside school, other than school trips authorised by the Head Teacher; give a pupil a lift in your own vehicle, other than on school business with the permission of the Head Teacher; use any form of degrading treatment to punish or undermine pupils, or use sarcasm, demeaning or insensitive comments towards pupils. School Behaviour Policy 4.6 Safeguarding of Pupils School s have a statutory and moral duty to safeguard and promote the welfare of pupils. Staff must be aware of their individual safeguarding responsibilities, including to provide a safe environment in which children can learn, to be aware of signs of abuse and neglect, to identify children who are suffering, or are likely to suffer significant harm and to take appropriate action in such cases to prevent concerns from escalating. follow and adhere to the school s child protection and safeguarding policies and procedures; if a child reports any safeguarding issues, report this immediately to the designated safeguarding lead and Head Teacher; report any safeguarding concerns about another member of staff immediately to the designated safeguarding lead and Head Teacher; promise confidentiality to a child who reports safeguarding issues to you. 8
Safeguarding Policy DfE Guidance Keeping Children Safe in Education Child Protection Policy School Behaviour Policy 4.7 Criminal convictions/loss of licence or qualification You must inform your Head Teacher immediately if you: receive any criminal conviction, caution or are held on bail, or placed under bond during your employment with the school, either within or outside of your normal working hours; receive any driving convictions that could result in the loss of your driving licence; have engaged in behaviour that has resulted in loss of licence, affiliation, accreditation or qualification that may impact on your ability to carry out the duties of your contracted role; If you are employed to provide early years childcare (birth to 5) or out of hours childcare (up to 8 years old) you must also inform your Head Teacher immediately if you: are living or working in the same household as anyone who is disqualified from working with children and you must make a declaration in line with the Disqualification by Association regulations. Your Head Teacher can provide you with a declaration form and you must inform them of any changes in respect of this declaration throughout the entire course of your employment. As all school posts are subject to an enhanced Disclosure and Barring Service (DBS) check, as well as the above, you must also inform your Head Teacher immediately if you are subject to a criminal investigation. All information you provide in this regard will be dealt with in strict confidence. DBS (CRB) and Safeguarding guidance documents Disqualification by Association guidance 4.8 Gifts and hospitality Gifts, hospitality or benefits in kind offered to you must be treated with caution in order to avoid any suggestion of improper motives or conduct. It is a serious criminal offence under the Bribery Act 2010 to corruptly receive or give any gift, loan, fee, reward or advantage for doing, or neglecting to do something, or showing favour or disfavour 9
to any person in your official capacity. If an allegation is made against you, it will be for you to demonstrate that any such rewards have not been corruptly obtained. Offences can carry a maximum of 10 years imprisonment and/or an unlimited fine for an individual. For the avoidance of doubt, you must: Complete form SCCE4 to seek approval from your Head Teacher if you are offered any gifts, hospitality or advantage, before you accept such items, excluding token gifts such as gifts from children at the end of term/christmas up to a value of 20; use tact and courtesy if you need to refuse a gift or hospitality; report to your Head Teacher any gifts which are delivered to your place of work where you may have a problem returning it; report to your Head Teacher any approaches made to you which could be viewed as being aimed at obtaining some form of preferential treatment. Where hospitality is offered to individual employees to sporting events or functions then permission to attend should be sought from the Chair of the Governing Body for the Headteacher and, for all other staff, permission should be sought from the Headteacher as appropriate and also permission should only be given when the event is seen as part of the life of the community, or where it is in the interest of the school to be represented, or where the school should be represented. If you are unclear what is acceptable, ask your Head Teacher. School Counter Fraud and Corruption Strategy 4.9 Handling school money or sponsorship/donations Sponsorship is defined as an agreement between the school and the sponsor, where the school receives either money or a benefit in kind for an event, campaign or initiative from an organisation or individual which in turn gains publicity or other benefits. The school is a publicly funded organisation and as such, all employees who are authorised to be involved in financial activities and transactions on behalf of the school must be familiar with the school s Financial Procedure Manual. If this applies to you, you must; use authorised school funds in a responsible, accountable and lawful way; comply with the school s financial procedures and take legal and financial advice where appropriate; seek value for money; comply with relevant policies and procedures when handling money; make sure that any sponsorship accepted is related to school business and is approved by your Head Teacher; 10
disclose any benefit you yourself, partners, relations or close friends relating to any sponsorship the school proposes to make; if you suspect financial irregularity, bribery, corruption, theft or fraud, contact your Head Teacher in the first instance. If for any reason this is not appropriate you should contact the Council s Internal Audit team (telephone no: 03000 269645); report any possible legal or procurement issues which may be associated with securing sponsorship to your Head Teacher who may take relevant legal advice. benefit from any contract or sponsorship that is given to or by the school, or show any favour to a partner, spouse, relative, friend or associate. Financial Procedures Manual 4.10 Procurement, administering or managing school contracts Section 117 of the Local Government Act 1972 requires you to make a formal declaration about contracts in which you have a financial interest, that is any direct or indirect interest of monetary value, whether or not the value is readily identifiable. It is a criminal offence to fail to comply with this. All schools need to have Contract Procedure rules in place. The governing body can choose to set school specific rules which, in such cases, must be published on the school s website to ensure school s purchasing procedures are transparent. Schools not adopting their own rules should use the Council s standard Contract Procedure Rules as published in the Constitution of the Council. comply with the school s Contract Procedure Rules and any other relevant school procedures of orders and contracts; exercise fairness and impartiality when dealing with all customers, suppliers, other contractors and sub-contractors; declare any private or personal relationships with contractors, sub-contractors or suppliers by completing form SCCE1. discriminate unfairly against anyone involved in the tendering and contracting process; disclose any confidential information relating to tenders or costs for internal or external tenders to any unauthorised person; Use your influence or show any special favour to current or former employees or their partners, close relatives or associates when awarding contracts to businesses relating to them or employing them in any capacity; 11
play any part in the selection of tenderers if you have any direct or indirect interest in the outcome. Financial Procedures Manual Contract Procedure Rules Records Management Guidance/ Policy 4.11 Intellectual property Some aspects of the work you carry out, or produce, on behalf of the school may be intellectual property. All creative designs, writings, report, drawings and inventions produced by employees in the course of their duties are the property of the school, unless otherwise agreed in advance with the Headteacher. disclose, publish or otherwise use the work you produce for the school for personal gain or benefit unless you have the express written permission of your Head Teacher. 4.12 Recruitment and other employment matters follow the school s Recruitment and Selection Policy; be involved in a selection process or interview if you are related to an applicant or in a close personal relationship with them or a member of their immediate family; canvas on behalf of applicants for school posts, either directly or indirectly; be involved in, or try to influence, any employment decisions including those relating to discipline, promotion, pay adjustments, for any employee with whom you have a close personal relationship; ask a councillor to provide a reference for you in relation to a job within the county council, unless no other alternative referees are available. Recruitment and Selection Policy 12
4.13 Commitments outside work Outside work means any paid or unpaid work, including voluntary work, undertaken in addition to your school employment. Any requests to carry out other employment will be considered and will not be unreasonably refused, however outside work must not, in our view, conflict with school interests or weaken public confidence in the school, or adversely impact upon your ability to carry out your role with the school. All approvals will be reviewed on an annual basis. If you wish to undertake any outside work you must: obtain permission from your Head Teacher by completing form SCCE3 prior to undertaking any outside work; Inform your Head Teacher by completing another SCCE3 if there are any changes relating to your outside work. put yourself in a position where your duty and private interests conflict or could appear to conflict; seek to gain business in the course of carrying out your school duties; carry out any outside work or a private interest during working hours, including making/sending or receiving telephone calls, emails, correspondence/goods; use any school facilities or equipment or confidential information in relation to commitments outside of work. 4.14 Personal interests Section 117 of the Local Government Act 1972 requires you to make a formal declaration about contracts in which you have a financial interest, that is any direct or indirect interest of monetary value, whether or not the value is readily ascertainable. It is a criminal offence to fail to comply with this. Other financial interests could include when money other than your salary is paid into your bank account by the school or the council, or where your address is linked to a business receiving payment from the school or the council. Non-financial interests could include governorship of another local school or involvement with an organisation or pressure group which may seek to influence the school s policies. declare any financial or non-financial interests which could conflict or be seen to conflict with the school s or the council s interests to your Head Teacher by completing form SCCE2. declare an interest and abstain from being involved with any professional decisions about matters in which you have a personal interest. 13
4.15 Using school equipment, materials and property The facilities and equipment provided as part of your work belong to the school. comply with health and safety regulations and use personal protective equipment as required; take care of school property or equipment, keeping it secure and reporting any damages or breaches in security; use equipment and facilities for authorised purposes only; use equipment and facilities appropriately and only for the purposes provided. use school equipment, vehicles or property for unauthorised activities, personal gain or fraudulent activity; School Health & Safety Procedures and associated guidance DfE Guidance Driving School Minibuses 4.16 Reporting improper or illegal activities In regard to all aspects of this Code, should you be concerned about any activities which you think may conflict with the Code of Conduct, carried out by yourself or other employees, you should raise the matter with your Head Teacher. report any activity which you believe is illegal, improper, unethical, dangerous or a breach of Code to your Head Teacher. Counter Fraud and Corruption Strategy DCC Confidential Reporting Code 14
5 Further information 5.1 Confidentiality All information will be handled sensitively and used only for its proper purpose. Under the Data Protection Act 1998 individuals have the right to see their own personal data held subject to the rights of confidentiality of any third parties involved in that information. 5.2 Dealing with abuses of the code Employees who attempt to abuse this code may face disciplinary action. The school takes false or misleading accusations very seriously which may result in further action taken through the disciplinary procedure. This will not include ill-founded allegations that were made in good faith. 5.3 Monitoring compliance The school and Durham County Council is required by law to protect the public funds it administers and, as part of this duty, will carry out routine monitoring to ensure compliance with this and other school policies. This will include reviewing declarations made under this code against any information held on manual and / or electronic records and systems controlled or managed by the school or the council. This may also include data matching of records containing personal data held on and / or across school or council systems. Any breaches of the Code of Conduct identified as part of these reviews will be brought to the attention of the Head Teacher for appropriate action to be taken. Where any criminal activity is suspected or detected details may also be referred to the police and/or any other relevant bodies. 5.4 Contact details If you would like any further advice or would like the document in an alternative format, please contact the Schools HR Advice and Support Team using the contact details below. schoolshradviceandsupportteam @durham.gov.uk 03000 266 688 15